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Dianne Brimble case reduced against Mark Whilhelm, jury can only consider 30 seconds in verdict

THE manslaughter case against a man accused of Dianne Brimble's death has been reduced today and just 30 seconds of the fateful cruise is now relevant.

Dianne Brimble
Dianne Brimble

THE manslaughter case against a man accused of Dianne Brimble's cruise ship death has been dramatically reduced, a jury being told only 30 seconds of the fateful cruise is now relevant to their verdict.

Wilhelm is standing trial on one charge manslaughter and one of supplying Ms Brimble with the drug that killed the 42-year-old.

Gallery - Dianne Brimble

As the case resumed this morning, Crown Prosecutor Mark Hobart SC told the jury he no longer brought a charge of manslaughter on the basis of "gross criminal negligence".

Instead, manslaughter can only be proved if the Crown can assert beyond reasonable doubt that Wilhelm is guilty of an "unlawful and dangerous act" that resulted in Ms Brimble's death.

Justice Rod Howie explained to the jury that in effect, the only relevant evidence was that which took place inside Wilhelm's cabin, in particular conversation about the illicit drug Fantasy.

The court has previously heard from a witness in the cabin, Ryan Kuchel, that Wilhelm encouraged Ms Brimble to take the drug.

"What you're really concerned about is that 30 seconds that occurred when the accused and Ms Brimble had some conversation about the drug and Ms Brimble came to take some of it," Justice Howie told the jury.

He said the jury must now put out of their minds large parts of the evidence - including sordid photographs taken of Ms Brimble naked and crumpled on the floor, and details of what occurred in a neighbouring cabin as the mother-of-three lay dying.

The jury now had to only consider whether Wilhelm had committed a dangerous and unlawful act that contributed to Ms Brimble's death.

The case continues, with Justice Howie saying the closing addresses would now be far shorter.
 

Original URL: https://www.dailytelegraph.com.au/dianne-brimble-case-reduced-against-mark-whilhelm-jury-can-only-consider-30-seconds-in-verdict-/news-story/b1d6068cd118655d994a9718e17f85cd